Chinese Lesson From Experiences Of Western Bribe Crime Criminal Control

Bribe is the crime which will cause highly negative corruption to society. It is also the target cracked down severely all over the world. This article makes a comprehensive analysis of criminal policy on bribe crime and makes a research on the effect of criminal law on the governance of bribe crime based on the western countries' experience of criminal governance on bribe crime. The author makes the comprehensive suggestions to our country's criminal legislation and judiciary on bribe crime based on comparison to related regulation of western countries on bribe crime criminal control. This article would be discussed in the following four parts: The first part would be based on the western countries' anti-corruption theory. It indicates the natural barrier existing in the criminal control of bribe crime, therefore the effect of criminal law on the control of bribe crime shall be evaluated rationally and the management structure on corruption of which the criminal control is the main emphasis should be modified.The author makes an in-depth analysis of criminal policy of bribe crime in the second part. Because of lack of scientific awareness of optimizing criminal resource, the increasing criminal investment had been put in judicial operation which has caused the decrease of criminal efficiency in the long term. This article indicates that macro criminal policy of crime control shall target in optimizing criminal efficiency and attributing criminal resource reasonably through cost-profit economic analytic method. The criminal policy of bribe crime shall be modified from "severe but not strict" from "strict but not severe". Due to the difference of courses to impose on sanction on public bribe crime and commercial bribe crime, the former would infringe the honesty of duty of public servant and the latter may only infringe the order of free market competition. Therefore although the general criminal policy of bribe crime shall be "strict but not severe", the policy of commercial bribe crime shall be "severe but not strict".The author makes analysis of five legislative loopholes of Chinese criminal legislation and makes corresponding legislative suggestions in the third part. Firstly, due to different courses to impose on penalty, for other's benefit" should be kept as a the aggravated circumstance in public servant bribe crime, however in the commercial bribe crime, this circumstance should be modified to "for others' illegal benefit." Secondly, because bribe crime is regarded as an economic crime traditionally in our country, meanwhile current criminal law provides that penalty of bribe crime shall be imposed referring to the method of corruption, the object matter of bribe crime has not been clarified, which causes undue tolerance to bribe crime. Based on reasons above, it is suggested to cancel the quantity requirement of condemnation of bribe crime and modify to condemn in accordance to circumstance. Thirdly, due to the nature that bribe crime is the crime of misconduct in office, it is suggested to provide fine penalty, qualification penalty and gradually abolish death penalty. Fourthly, it indicates it would cause unnecessary burden to control bribe crime if leave one side of the net open, which doesn't conform to macro criminal policy in optimizing criminal efficiency. Therefore it is suggested to cancel the circumstance of "for other's illegal benefit"; divide the circumstance of "giving" to "suggest to give", "promise to give" and "actually give" and strictly restrict the provision to mitigate the criminal liability of party offering the bribe.Fifthly, the current legislation on bribe crime only limits the meaning of "bribery" to "property benefit", which doesn't compatible to judicial practice. The meaning of "property" can not be expand to "benefit", therefore it is necessary to modify the "property" to "benefit" to meet the requirement to be compatible to penalty system of crime circumstance.In conclusion, the author sets forth the judicial philosophy that the process to investigate the criminal liability should be socialized. Its purpose is to ensure the common people can get involved in anti-co(?)ruption to get rid of the damage of corruption to government credit.